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Carmi Gillon, former head of the Israeli General Security Service (Shin Bet), will take up the post
of Israeli Ambassador to Denmark in August 2001. On 24 June 2001, al-Haq sent a letter to the
Danish Embassy in Tel-Aviv, and to the Danish Representative Office to the Palestinian Authority
detailing Gillons past, and requesting that his appointment be rejected.
According to Gillons recent memoirs, which were outlined in Israeli press reports, Gillon has
admitted to giving directives that lead to the torture of at least 320 Palestinian suspects who were
held by the Shin Bet in detention. It is believed that one person died during an interrogation that
was authorized by Gillon. Until September 1999, the General Security Service systematically
tortured Palestinians during interrogations. Methods of torture included:
- Violent shaking
- Being tied up in painful positions (shabeh)
- Forcing detainees to crouch for extended periods (qambaz)
- Hooding
- Playing loud music in Prisoners cells for extended periods
- Sleep deprivation
These practices were widely condemned by the international community. Carmi Gillon, in view of
his command responsibility, was thus involved in the systematic commission of a grave breach of
the Fourth Geneva Convention. Article 147 of the convention states that, Grave breaches to
which the preceding articles relates shall be
torture or inhuman treatment
. Grave breaches
of the Convention are similar in principle to war crimes and entail individual criminal responsibility
for an international crime. Article 146 of the Convention places a clear legal obligation on the
State signatories to the Convention to seek out and try those responsible for grave breaches.
Those individuals involved in the planning, instigation, ordering or directly committing grave
breaches are individually responsible for the crime.
In a recent interview to the Danish media Gillon stated that Israel may have to re-introduce
moderate physical pressure (torture) on Palestinian prisoners in order to extract information.
Gillon was also quoted as saying You must understand that the method was used only against
Islamic Fundamentalists who refused to volunteer information especially on suicide bombers.
Gillon went on to portray his actions, and torture in Israel generally, as a defence of an open and
democratic society against a sea of piranhas (Arabs). These statements are blatantly inaccurate.
When torture was practiced routinely by the Shin Bet Palestinian detainees were tortured without
regard for their political affiliations. Under international human rights and international humanitarian
laws there is no allowance made for derogations from the prohibition on torture. It cannot be used
either in war or during times of public emergency, no matter how grave. In other words, there is
no justification for torture.
Torture was so institutionalised in Israel up until the time of the High Court ruling, and its
systematic use may qualify as a crime against humanity, the definition of which is a wide spread or
systematic attack on a civilian population. The term attack does not limit the definition to military
attack; attack can include laws and administrative measures such as deportations and acts of
torture provided they are systematic and directed against a civilian population.
In light of the facts stated above and Gillons own statements, the Danish government is well
within its rights if it chooses to investigate Gillon for his role in the commission of grave breaches
of the Fourth Geneva Convention and possibly for crimes against humanity. Providing there is a
sufficient case prepared against Mr. Gillon, if he sets foot on Danish soil the Danish government
has a clear legal obligation to indict him for war crimes and possibly for crimes against humanity. It
must also be stressed that this obligation is universal, and is does not only apply in Denmark. Any
state can try Gillon provided that a case has been drawn up against him, and that the states
judicial system includes the required provisions that enable them to indict individuals for
international crimes. |